Advice Centre

The UK could witness a new ‘no fault’ divorce system in the upcoming months. The government is preparing to review the current law, with a  view to introduce a reform to offer couples the opportunity to end their marriage without fault-finding divorce proceedings. But what could this reform mean for the legal world?

Current position for anyone seeking divorce

Under the Matrimonial Causes Act 1973, anyone seeking a divorce must either prove that their spouse is at fault through one of the following grounds; adultery, desertion or unreasonable behaviour. Otherwise,  if both sides agree, they can part after two years of separation. In the absence of consent or evidence of fault, applicants must wait until they have been living apart for five years.

Proposed changes to divorce laws

Under the proposed reform, we expect to see substantive changes to the current law where couples will not be required to cite particular blame for the breakdown of their marriage. Additionally, the government proposes that instead of having to acquire consent from their spouse or courts, partner could give notice of their intent to divorce, stating their belief that the marriage broken down and they wish to set the divorce proceedings in motion.

The reform comes in the light of the landmark decision of the Supreme Court in Tini Owens case, ruled in July last year. Here, Ms Owens divorce was blockaded by her husband and she could not divorce until a period of five years had elapsed. As a result, the government reasons that if one spouse has concluded that the marriage is over, then the legal process should respect that decision and should not place impediments in the way of a spouse who wants to bring the marriage to a legal end.

Evidently, the introduction of no-fault divorces will make it easier to manage separation, limiting the conflict between spouses and reducing the probability of a court hearing. Consequently, this will result in saving parties time and legal costs.

Is reforming the divorce laws the right move?

So far, the intention for reform had been widely supported by prominent numbers of the judiciary and lawyers. Indeed, commentators agree it is time to bring this law into the 21st century to reflect the society we live in, as it seems the current law is outdated.

The reform will also spare couples the emotional stress and strain of finding blame for an unreasonable behaviour petition, resulting in more divorces ending amicably.

Summary

The government’s plan for reform of the current divorce law appears to be prominent and supported by many commentators in the area. The majority agree with the fact that the current law is outdated and thus the changes are likely. It is safe to say many positives will result from this reform,  introducing an effective and swift process for couples wishing to divorce.

If you are a partner who is looking to divorce and needs advice on the current divorce process, our friendly and highly experienced family team will be obliged to support you throughout the process.

For a confidential discussion,  please contact Head of Family Law, Melissa Cunningham at m.cunningham@imd.co.uk or Maria Mazurenko on m.mazurenko@imd.co.uk or call us on 0333 358 3062.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.